In the Matter of Certain Probe Card Assemblies, Components Thereof and Certain Tested Dram and Nand Flash Memory Devices and Products Containing Same; Notice of Commission Final Determination of No Violation of Section 337; Termination of Investigation, 59584-59585 [E9-27612]

Download as PDF 59584 Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Notices Baltimore County Union County East Monument Historic District, N. Washington St. on the W; Amtrak rail line on the N. to E. St.; S. to Monument and E. to Highland Ave.; Baltimore, 09001061 All Souls Church, 724 Park Ave., Plainfield City, 09001078 MICHIGAN Albany County Baraga County Dodd Ford Bridge, (Iron and Steel Bridges in Minnesota MPS) Co. Rd. 147 over Blue Earth River, Shelby, 09001070 Norman Vale, (Mexico MPS) 6030 Nott Rd., Guilderland, 09001079 Cortland County Lake County Idlewild Historic District (Boundary Increase), Bounded generally by US 10 on the N.; 72nd St. on the S.; Nelson Rd. on the E.; and extending W. of Forman Rd., Yates, 09001062 Macomb County Wolcott Mill, 63841 Wolcott Rd., Ray, 09001063 NEW YORK Stage Coach Inn, 2548 Clarks Corners Rd., Lapeer, 09001080 Kings County Congregational Church of the Evangel, 1950 Bedford Ave., Brooklyn, 09001081 Ocean Parkway Jewish Center, 550 Ocean Pkwy., Brooklyn, 09001082 Madison County Manistee County Orchard Beach State Park, 2064 N. Lakeshore Rd., Manistee, 09001064 Presque Isle County Hoeft, P.H., State Park, 5001 US 23 N., Rogers, 09001065 Onaway State Park, 3622 MI 211 N., North Allis, 09001066 Chittenango Pottery, 11–13 Pottery St., Chittenango, 09001083 Nassau County DuPont-Guest Estate, S. side of Northern Blvd. between Cotillion Ct. & DuPont Ct., Brookville, 09001084 New York County Westbeth, 55 Bethune St., New York, 09001085 Washtenaw County Detroit Financial District, Bounded by Woodward & Jefferson and Lafayette & Washington Blvd., Detroit, 09001067 Queens County Church-in-the-Gardens, The, 50 Ascan Ave., Forest Hills, 09001086 Wayne County Koebel, Charles J. and Ingrid V. (Frendberg), House, 203 Cloverly Rd., Grosse Pointe Farms, 09001068 Michigan Bell and Western Electric Warehouse, 882 Oakman Blvd., Detroit, 09001069 Sullivan County Jewish Center of Lake Huntington, 13 Co. Rd. 116, Lake Huntington, 09001087 Wayne County Wayne County Wayne Commercial Historic District, S. Main, N. Main and 2nd St., Wayne, 09001071 Preston-Gaylord Cobblestone Farmhouse, (Cobblestone Architecture of New York State MPS) 7563 Lake Rd., Sodus, 09001088 Request for REMOVAL has been made for the following resources: NEW JERSEY KENTUCKY Bergen County New York, Susquehanna & Western Railroad ALCO Type S–2 Locomotive #206, Maywood Station Museum, 271 Maywood Ave., Maywood Borough, 09001072 Jefferson County NEBRASKA Essex County Anderson Park, SE. corner of Bellevue and North Mountain Ave., Montclair, 09001073 mstockstill on DSKH9S0YB1PROD with NOTICES Hunterdon County Case-Dvoor Farmstead, 111 Mine St., Raritan, 09001074 Meier, William G., Warehouse, (West Louisville MRA) 2100 Rowan St., Louisville, 83002704 National Tobacco Works Warehouse, (West Louisville MRA) 101–113 S. 24th St., Louisville, 83002712 [FR Doc. E9–27621 Filed 11–17–09; 8:45 am] BILLING CODE P Morris County Montville Schoolhouse, 6 Taylortown, Montville, 09001075 Vreeland, Nicholas, Outkitchen, (Dutch Stone Houses in Montville MPS) 52 Jacksonville Rd., Towaco, Montville, 09001076 Whippany Burying Yard, NJ 10, Hanover, 09001077 VerDate Nov<24>2008 16:30 Nov 17, 2009 Jkt 220001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–621] In the Matter of Certain Probe Card Assemblies, Components Thereof and Certain Tested Dram and Nand Flash Memory Devices and Products Containing Same; Notice of Commission Final Determination of No Violation of Section 337; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there is no violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the above-captioned investigation. The Commission has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3116. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on December 19, 2007, based on a complaint filed by FormFactor, Inc. (‘‘FormFactor’’) of Livermore, California. The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain probe card assemblies, components thereof, and certain tested DRAM and NAND flash memory devices and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,994,152 (‘‘the ’152 patent’’); 6,509,751 (‘‘the ’751 patent’’); E:\FR\FM\18NON1.SGM 18NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Notices 6,615,485; 6,624,648 (‘‘the ’648 patent’’); 7,168,162 (‘‘the ’162 patent’’); and 7,225,538. The complaint named Micronics Japan Co., Ltd.; MJC Electronics Corp.; Phicom Corporation; and Phiam Corporation as respondents (collectively, ‘‘Respondents’’). Subsequently, the ’162 patent was terminated from the investigation. On December 5, 2008, respondents Phicom Corp. and Phiam Corp., (collectively, ‘‘Phicom’’) jointly filed a motion for partial summary determination that claims 20 and 34 of the ’648 patent are invalid as indefinite under 35 U.S.C. 112. On February 11, 2009, the ALJ granted the motion in an ID (Order No. 46). The ID determined that claims 20 and 34, and any asserted claims depending therefrom, are invalid. Complainant FormFactor filed a petition for review of Order No. 46, which Respondents and the Commission Investigative Attorney (‘‘IA’’) opposed. On March 11, 2009, the Commission determined to review Order No.46. The evidentiary hearing in this investigation was held from February 24, 2009, through March 6, 2009. On June 29, 2009, the ALJ issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond, finding no violation of section 337. All parties to this investigation, including the IA, filed timely petitions for review of various portions of the final ID, as well as timely responses to the petitions. On September 17, 2009, the Commission determined to review the final ID in part, and issued a Notice to that effect. 74 FR 47822 (September 17, 2009). In the Notice, the Commission set a schedule for the filing of written submissions on the issues under review, including certain questions posed by the Commission, and on remedy, the public interest, and bonding. The parties have briefed, with initial and reply submissions, the issues under review and the issues of remedy, the public interest, and bonding. On review, the Commission has determined as follows. (1) With respect to the ’751 patent: (a) to reverse the ALJ’s determination that Japanese Patent Application Publication H10–31034 to Amamiya et al. (RX–166) does not anticipate the asserted claims of the ’751 patent under 35 U.S.C. 102; (b) to reverse in part the ID’s conclusion that, inter alia, Phicom’s accused products do not infringe claims 1–3, 12, 24, and 25 of U.S. Patent No. 6,509,751, see ID at 197, and, accordingly, to modify the ID’s conclusion of law at issue by VerDate Nov<24>2008 16:30 Nov 17, 2009 Jkt 220001 substituting the following: ‘‘Respondent Micronics’ accused products do not infringe claims 1–3, 12, 24, and 25 of U.S. Patent No. 6,509,751 in violation of 35 U.S.C. 271(a). Respondent Phicom’s (old) Type B and Type C accused products infringe claims 1–3, 12, 24, and 25 of U.S. Patent No. 6,509,751 in violation of 35 U.S.C. 271(a); Phicom’s new Type B and Type C accused products do not infringe.’’ (2) With respect to the ’152 patent: (a) to strike the ID’s statement ‘‘Since three bases for no violation of claim 21 have been determined, no analysis of the invalidity arguments related to anticipation and obviousness of the dependent claims will be made,’’ see ID at 191, and to take no position with respect to the validity of the dependent claims of the ’152 patent. (3) To affirm and adopt the ALJ’s other findings contained in the final ID under review except insofar as they are inconsistent with the Commission Opinion to be issued later. The Commission also determined to affirm ALJ Order No. 46 with certain modifications as will be detailed in the Commission’s Opinion. The Commission has determined that there is no violation of section 337 in this investigation, and has terminated the investigation. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41–.42, 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.41–.42, 210.50). Issued: November 12, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–27612 Filed 11–17–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Emergency Review: Comment Request November 12, 2009. The Department of Labor has submitted the following information collection request (ICR), utilizing emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35) and 5 CFR 1320.13. OMB approval has been requested by November 23, 2009. A PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 59585 copy of this ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at http://www.reginfo.gov/ public/do/PRAMain or by contacting Darrin King on 202–693–4129 (this is not a toll-free number)/e-mail: DOL_PRA_PUBLIC@dol.gov. Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor— ETA, Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202–395–7316/Fax: 202– 395–5806 (these are not toll-free numbers), E-mail: OIRA_submission@omb.eop.gov. Comments and questions about the ICR listed below should be received 5 days prior to the requested OMB approval date. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarify of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Agency: Employment and Training Administration. Title of Collection: Jobs for America’s Job Seekers Challenge. OMB Control Number: Pending. Frequency of Collection: This is a onetime data collection. Affected Public: State Workforce Agencies, businesses, non-profit organizations, other State government entities, workforce investment boards, One Stop Career Center staff, and the public. Estimated Time per Respondent: A maximum of 10 minutes per Phase One respondent, of whom 1,000 are estimated to respond. For Phase Two, a maximum of 10,000 respondents are estimated (crowdsourcing portion) at 10 E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59584-59585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27612]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-621]


In the Matter of Certain Probe Card Assemblies, Components 
Thereof and Certain Tested Dram and Nand Flash Memory Devices and 
Products Containing Same; Notice of Commission Final Determination of 
No Violation of Section 337; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is no violation of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the above-
captioned investigation. The Commission has terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3116. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on 
December 19, 2007, based on a complaint filed by FormFactor, Inc. 
(``FormFactor'') of Livermore, California. The complaint alleged 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain probe 
card assemblies, components thereof, and certain tested DRAM and NAND 
flash memory devices and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 5,994,152 (``the 
'152 patent''); 6,509,751 (``the '751 patent'');

[[Page 59585]]

6,615,485; 6,624,648 (``the '648 patent''); 7,168,162 (``the '162 
patent''); and 7,225,538. The complaint named Micronics Japan Co., 
Ltd.; MJC Electronics Corp.; Phicom Corporation; and Phiam Corporation 
as respondents (collectively, ``Respondents''). Subsequently, the '162 
patent was terminated from the investigation.
    On December 5, 2008, respondents Phicom Corp. and Phiam Corp., 
(collectively, ``Phicom'') jointly filed a motion for partial summary 
determination that claims 20 and 34 of the '648 patent are invalid as 
indefinite under 35 U.S.C. 112. On February 11, 2009, the ALJ granted 
the motion in an ID (Order No. 46). The ID determined that claims 20 
and 34, and any asserted claims depending therefrom, are invalid. 
Complainant FormFactor filed a petition for review of Order No. 46, 
which Respondents and the Commission Investigative Attorney (``IA'') 
opposed. On March 11, 2009, the Commission determined to review Order 
No.46.
    The evidentiary hearing in this investigation was held from 
February 24, 2009, through March 6, 2009. On June 29, 2009, the ALJ 
issued an Initial Determination on Violation of Section 337 and 
Recommended Determination on Remedy and Bond, finding no violation of 
section 337. All parties to this investigation, including the IA, filed 
timely petitions for review of various portions of the final ID, as 
well as timely responses to the petitions.
    On September 17, 2009, the Commission determined to review the 
final ID in part, and issued a Notice to that effect. 74 FR 47822 
(September 17, 2009). In the Notice, the Commission set a schedule for 
the filing of written submissions on the issues under review, including 
certain questions posed by the Commission, and on remedy, the public 
interest, and bonding. The parties have briefed, with initial and reply 
submissions, the issues under review and the issues of remedy, the 
public interest, and bonding.
    On review, the Commission has determined as follows.
    (1) With respect to the '751 patent:
    (a) to reverse the ALJ's determination that Japanese Patent 
Application Publication H10-31034 to Amamiya et al. (RX-166) does not 
anticipate the asserted claims of the '751 patent under 35 U.S.C. 102;
    (b) to reverse in part the ID's conclusion that, inter alia, 
Phicom's accused products do not infringe claims 1-3, 12, 24, and 25 of 
U.S. Patent No. 6,509,751, see ID at 197, and, accordingly, to modify 
the ID's conclusion of law at issue by substituting the following: 
``Respondent Micronics' accused products do not infringe claims 1-3, 
12, 24, and 25 of U.S. Patent No. 6,509,751 in violation of 35 U.S.C. 
271(a). Respondent Phicom's (old) Type B and Type C accused products 
infringe claims 1-3, 12, 24, and 25 of U.S. Patent No. 6,509,751 in 
violation of 35 U.S.C. 271(a); Phicom's new Type B and Type C accused 
products do not infringe.''
    (2) With respect to the '152 patent:
    (a) to strike the ID's statement ``Since three bases for no 
violation of claim 21 have been determined, no analysis of the 
invalidity arguments related to anticipation and obviousness of the 
dependent claims will be made,'' see ID at 191, and to take no position 
with respect to the validity of the dependent claims of the '152 
patent.
    (3) To affirm and adopt the ALJ's other findings contained in the 
final ID under review except insofar as they are inconsistent with the 
Commission Opinion to be issued later.
    The Commission also determined to affirm ALJ Order No. 46 with 
certain modifications as will be detailed in the Commission's Opinion.
    The Commission has determined that there is no violation of section 
337 in this investigation, and has terminated the investigation.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
sections 210.41-.42, 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.41-.42, 210.50).

    Issued: November 12, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-27612 Filed 11-17-09; 8:45 am]
BILLING CODE 7020-02-P